Reminds me of the case of the woman who was driving down the M1 near Nottingham, fortuitously got caught up in an accident which was not her fault in any way, she was just minding her own business. The police checked mobile phone records of all drivers and discovered that she had been briefly talking on the phone 20 miles back up the road (no handsfree kit). So she got prosecuted for phone use, even though it had nothing to do with the accident and had had no consequences. If you use a phone against the law and appear to have got away with it - you may not have after all.
